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Frequently Asked Questions
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Conflicts
of Interest
| Q.
I am a school counselor, and on the side I have a consulting
business
helping students and families with college applications and admissions.
Can my clients include students from my school? |
| A. They
may, but you would not be allowed to advertise your consulting
services by using the school newsletter or student mailing list
or to use school facilities or school district time to conduct
your consulting services. You also could not identify yourself
as an SDUSD employee for advertising purposes, or advertise at
your school or through SDUSD publications, since that would be
using your district position for private gain. |
| Q.
As a teacher, can I tutor two students who were in my class last
year? |
| A. No.
While teachers may have an excellent built-in client base, they
are prohibited from tutoring students in their class presently
or in the previous school year. As in the counselor’s situation
above, teachers also may not advertise their services on campus
or in SDUSD publications or identify themselves as SDUSD employees
for advertising purposes. |
Q.
I’d
like to get my son a teaching job in a school in a bordering district.
He’s
qualified for the position. Is that a conflict? |
| A. You
may not use your official SDUSD position directly or indirectly
to benefit a close family member or someone you have a financial
relationship with. You also may not divulge confidential information.
If the job information is not available to the public, you couldn’t
tell your son about the job in the first place. It is okay, however,
to tell your son about a new job that is known to the general public,
as long as you don’t use your position or influence to get
him that job. |
| Q.
Can I make money by owning a share of a local business? |
| A.
If the firm does business with SDUSD, your part ownership (or that
of your spouse, domestic partner, or children) may be a conflict of
interest. If you are not sure, check with your top manager or call
the Ethics Office. Form 700 filers
need to declare any such existing business interest as well as refuse
themselves from any decisions involving the outside company. |
Gifts
| Q.
Why is there a policy regarding gift-giving to SDUSD employees? |
A. As
public servants, we have to be careful about what we may be giving
up, or appear to be giving up, if we accept a gift. We need
to be aware that a public servant may not:
- use
his or her office for private gain;
- give
preferential treatment to any person or firm;
- lose
independence or impartiality in making official decisions;
- create
the appearance that any of the above has occurred.
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| Q.
I heard that it’s okay to accept a gift valued at less
than $100. Is that true? |
A. Yes, but only technically. Under the gifts rule, no SDUSD employee
may accept a valuable gift (i.e. one worth $100 or more) from
a person or firm doing business with SDUSD. This includes cash,
tickets to concerts, plays or sporting events, travel expenses
(with some exceptions; check with your manager), and meals. (A
meal may be allowable if offered as part of a function or meeting
you are attending.)
Accepting
two or more gifts with an aggregate value of more than $100 from
the same person or firm within a 12-month period violates the gift
rule. However, when a gift of any value is offered to you it may
have some strings attached that are not immediately clear. Any gift—especially
from a vendor—may create an appearance of impropriety, and
accepting a gift, no matter how innocently, may send the wrong signals
to the gift-giver and in some cases may violate the policy. If there
is ever a doubt about the givers’ intentions or expectations,
employees are encouraged to decline the gift. It is always wise
to check with your senior management. (See district procedure 9300.)
Whether
a gift is accepted or rejected, it is a good idea to deal with
it transparently by noting it in writing.
- Accepting
a Gift: “Thank you for your thoughtful gesture. I just
want to be sure that you know that no gift is necessary. We pride
ourselves in doing our work without receiving anything extra.
Thank you for your kindness and for keeping within SDUSD’s
gift policies.”
- Refusing
a Gift: “Thank you for your kind gesture. Unfortunately,
I cannot personally accept it because it is not in keeping with
SDUSD’s gift policies. I will: a) return it to you, b)
donate it to charity, or c) place it in our lounge (since it
is perishable) to be shared with others, so that there is no
violation of the gift limit.”
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Form 700 filers: SDUSD employees who must file Form 700 (Statement
of Economic Interest) need to remember that they are obligated
by state mandate to disclose any gift(s) from a single source
that exceeds a cumulative $50 value in a calendar year.
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| Q.
Is it okay to exchange gifts during holidays with my co-workers
and my supervisor? |
| A.
Employees may of course exchange gifts. However, it’s best if
gifts exchanged are of similar value. Pre-establishing limits on how
much to spend on gifts helps everyone. It ensures that all have the
same expectations, and it prevents putting senior employees in the
uncomfortable position of having subordinates give them expensive
gifts. Senior employees should avoid appearances of favoritism, including
selective gift-giving to subordinates. |
| Q.
I am a teacher, and my students have collectively contributed
to a $110 fruit basket for me for the end-of-the year holidays.
Can
I accept this gift? |
| A. In this case, even though the gift is valued at more than $100,
a number of students contributed smaller amounts of money to buy
the basket. But be sure this is a gift identified as coming from
the entire class, not from the individual students who contributed. |
Business
integrity
| Q.
I just learned through my SDUSD job that the district is considering
purchasing a new state-of-the-art e-mail system that uses brand
new technology. I have a friend who’s in that field, and
I’d like to discuss it with him. Can I? |
| A. No. As public servants, we may not disclose confidential information
concerning the property or affairs of SDUSD that is obtained as
a result of our official duties and that is not otherwise available
to the public. |
| Q.
My assistant is a skilled tradesperson who does great work. Can
I hire her to do work for me at home? |
| A. No. Superiors and subordinates cannot have any kind of financial
relationship. This includes loaning money, other than a nominal
amount, going into business together, employing one another, or
paying for goods or services. This rule protects SDUSD employees
from abuses by others who might expect a payback sometime in the
future. |
Employment
concerns
| Q.
A vendor I work with at SDUSD asked me if I might be interested
in leaving SDUSD and working for them. May I interview for a position
with that firm? |
| A. You could pursue the opportunity, but first you’d have to
remove yourself from dealings with that firm. Once the negotiations
are over, if you don’t take a position with the firm, you
may return to the project you were working on with that firm. Also,
the interviews have to be on your own time, and you may not use
SDUSD supplies, personnel, or letterhead for any dealings regarding
the position. |
| Q.
The job would involve my returning to SDUSD, on behalf of the
new firm, to discuss business. Does that pose a problem? |
| A. No. SDUSD has no policy that would prohibit this. |
| Q.
I’m a district employee considering seeking a part-time
job. Are there restrictions? |
| A.
Generally, a second job is all right, unless the job is with a company
that has business with SDUSD, such as a vendor with school contracts.
Your second job must be done on your own time, and you may not use
your SDUSD position, confidential information, or SDUSD personnel
or equipment to perform the job or to benefit your other employer.
These rules also apply to your activities in seeking the outside job.
Exceptions may include authoring textbooks, programs, or other writings
intended for use in public education (SDUSD administrative procedure
7035). It’s best to check with your supervisor or manager. |
Use
of SDUSD resources
| Q.
I am an SDUSD employee, and I also have an outside business.
I am careful not to do any work on school district time. Sometimes,
though, I get telephone calls or faxes at my office about the business.
Can I use my office phone and fax to give a brief response? |
A. No. We can’t use our school district positions for any financial
gain or personal
advantage. This includes the use of SDUSD supplies, resources, personnel, and
equipment for private purposes; these are public resources that we can use only
for school district business. |
| Q.
Can I use my SDUSD phone or fax simply to contact my babysitter,
doctor, or spouse—for example, if someone is sick? What if
I simply want to confirm a lunch date with a friend? |
| A. Reason and common sense tell us that these are examples of legitimate
reasons for using SDUSD supplies or equipment. Calls for medical
or other emergencies or even a brief call to a friend are expectable.
However, the safest course for personal copying, faxing, or computer
use is to use a private copy shop or home computer. |
Note:
We want to acknowledge the LAUSD Ethics Office and the New York City
Conflicts of Interest Board
for providing some of the above Q&A’s
or advice therein.
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Copyright © 2007,
San Diego Unified School District Ethics Office